[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1397 Enrolled Bill (ENR)]
S.1397
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To establish a commission to assist in commemoration of the centennial
of powered flight and the achievements of the Wright brothers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Centennial of Flight Commemoration
Act''.

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Congress finds that--
(1) December 17, 2003, is the 100th anniversary of the first
successful manned, free, controlled, and sustained flight by a
power-driven, heavier-than-air machine;
(2) the first flight by Orville and Wilbur Wright represents
the fulfillment of the age-old dream of flying;
(3) the airplane has dramatically changed the course of
transportation, commerce, communication, and warfare throughout the
world;
(4) the achievement by the Wright brothers stands as a triumph
of American ingenuity, inventiveness, and diligence in developing
new technologies, and remains an inspiration for all Americans;
(5) it is appropriate to remember and renew the legacy of the
Wright brothers at a time when the values of creativity and daring
represented by the Wright brothers are critical to the future of
the Nation; and
(6) as the Nation approaches the 100th anniversary of powered
flight, it is appropriate to celebrate and commemorate the
centennial year through local, national, and international
observances and activities.

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There is established a commission to be known as the Centennial of
Flight Commission.

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(a) Number and Appointment.--The Commission shall be composed of 6
members, as follows:
(1) The Director of the National Air and Space Museum of the
Smithsonian Institution or his designee.
(2) The Administrator of the National Aeronautics and Space
Administration or his designee.
(3) The chairman of the First Flight Centennial Foundation of
North Carolina, or his designee.
(4) The chairman of the 2003 Committee of Ohio, or his
designee.
(5) As chosen by the Commission, the president or head of a
United States aeronautical society, foundation, or organization of
national stature or prominence who will be a person from a State
other than Ohio or North Carolina.
(6) The Administrator of the Federal Aviation Administration,
or his designee.
(b) Vacancies.--Any vacancy in the Commission shall be filled in
the same manner in which the original designation was made.
(c) Compensation.--
(1) Prohibition of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay or compensation.
(2) Travel expenses.--The Commission may adopt a policy, only
by unanimous vote, for members of the Commission and related
advisory panels to receive travel expenses, including per diem in
lieu of subsistence. The policy may not exceed the levels
established under sections 5702 and 5703 of title 5, United States
Code. Members who are Federal employees shall not receive travel
expenses if otherwise reimbursed by the Federal Government.
(d) Quorum.--Three members of the Commission shall constitute a
quorum.
(e) Chairperson.--The Commission shall select a Chairperson of the
Commission from the members designated under subsection (a) (1), (2),
or (5). The Chairperson may not vote on matters before the Commission
except in the case of a tie vote. The Chairperson may be removed by a
vote of a majority of the Commission's members.
(f) Organization.--No later than 90 days after the date of
enactment of this Act, the Commission shall meet and select a
Chairperson, Vice Chairperson, and Executive Director.

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(a) In General.--The Commission shall--
(1) represent the United States and take a leadership role with
other nations in recognizing the importance of aviation history in
general and the centennial of powered flight in particular, and
promote participation by the United States in such activities;
(2) encourage and promote national and international
participation and sponsorships in commemoration of the centennial
of powered flight by persons and entities such as--
(A) aerospace manufacturing companies;
(B) aerospace-related military organizations;
(C) workers employed in aerospace-related industries;
(D) commercial aviation companies;
(E) general aviation owners and pilots;
(F) aerospace researchers, instructors, and enthusiasts;
(G) elementary, secondary, and higher educational
institutions;
(H) civil, patriotic, educational, sporting, arts,
cultural, and historical organizations and technical societies;
(I) aerospace-related museums; and
(J) State and local governments;
(3) plan and develop, in coordination with the First Flight
Centennial Commission, the First Flight Centennial Foundation of
North Carolina, and the 2003 Committee of Ohio, programs and
activities that are appropriate to commemorate the 100th
anniversary of powered flight;
(4) maintain, publish, and distribute a calendar or register of
national and international programs and projects concerning, and
provide a central clearinghouse for, information and coordination
regarding, dates, events, and places of historical and
commemorative significance regarding aviation history in general
and the centennial of powered flight in particular;
(5) provide national coordination for celebration dates to take
place throughout the United States during the centennial year;
(6) assist in conducting educational, civic, and commemorative
activities relating to the centennial of powered flight throughout
the United States, especially activities that occur in the States
of North Carolina and Ohio and that highlight the activities of the
Wright brothers in such States; and
(7) encourage the publication of popular and scholarly works
related to the history of aviation or the anniversary of the
centennial of powered flight.
(b) Nonduplication of Activities.--The Commission shall attempt to
plan and conduct its activities in such a manner that activities
conducted pursuant to this Act enhance, but do not duplicate,
traditional and established activities of Ohio's 2003 Committee, North
Carolina's First Flight Centennial Commission, the First Flight
Centennial Foundation, or any other organization of national stature or
prominence.

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(a) Advisory Committees and Task Forces.--
(1) In general.--The Commission may appoint any advisory
committee or task force from among the membership of the Advisory
Board in section 12.
(2) Federal cooperation.--To ensure the overall success of the
Commission's efforts, the Commission may call upon various Federal
departments and agencies to assist in and give support to the
programs of the Commission. The head of the Federal department or
agency, where appropriate, shall furnish the information or
assistance requested by the Commission, unless prohibited by law.
(3) Prohibition of pay other than travel expenses.--Members of
an advisory committee or task force authorized under paragraph (1)
shall not receive pay, but may receive travel expenses pursuant to
the policy adopted by the Commission under section 4(c)(2).
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take under this Act.
(c) Authority To Procure and To Make Legal Agreements.--
(1) In general.--Notwithstanding any other provision in this
Act, only the Commission may procure supplies, services, and
property, and make or enter into leases and other legal agreements
in order to carry out this Act.
(2) Restriction.--
(A) In general.--A contract, lease, or other legal
agreement made or entered into by the Commission may not extend
beyond the date of the termination of the Commission.
(B) Federal support.--The Commission shall obtain property,
equipment, and office space from the General Services
Administration or the Smithsonian Institution, unless other
office space, property, or equipment is less costly.
(3) Supplies and property possessed by commission at
termination.--Any supplies and property, except historically
significant items, that are acquired by the Commission under this
Act and remain in the possession of the Commission on the date of
the termination of the Commission shall become the property of the
General Services Administration upon the date of termination.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as any other Federal agency.

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(a) Executive Director.--There shall be an Executive Director
appointed by the Commission and chosen from among detailees from the
agencies and organizations represented on the Commission. The Executive
Director may be paid at a rate not to exceed the maximum rate of basic
pay payable for the Senior Executive Service.
(b) Staff.--The Commission may appoint and fix the pay of any
additional personnel that it considers appropriate, except that an
individual appointed under this subsection may not receive pay in
excess of the maximum rate of basic pay payable for GS-14 of the
General Schedule.
(c) Inapplicability of Certain Civil Service Laws.--The Executive
Director and staff of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title, relating to classification and General Schedule pay rates,
except as provided under subsections (a) and (b) of this section.
(d) Merit System Principles.--The appointment of the Executive
Director or any personnel of the Commission under subsection (a) or (b)
shall be made consistent with the merit system principles under section
2301 of title 5, United States Code.
(e) Staff of Federal Agencies.--Upon request by the Chairperson of
the Commission, the head of any Federal department or agency may
detail, on either a nonreimbursable or reimbursable basis, any of the
personnel of the department or agency to the Commission to assist the
Commission to carry out its duties under this Act.
(f) Administrative Support Services.--
(1) Reimbursable services.--The Secretary of the Smithsonian
Institution may provide to the Commission on a reimbursable basis
any administrative support services that are necessary to enable
the Commission to carry out this Act.
(2) Nonreimbursable services.--The Secretary may provide
administrative support services to the Commission on a
nonreimbursable basis when, in the opinion of the Secretary, the
value of such services is insignificant or not practical to
determine.
(g) Cooperative Agreements.--The Commission may enter into
cooperative agreements with other Federal agencies, State and local
governments, and private interests and organizations that will
contribute to public awareness of and interest in the centennial of
powered flight and toward furthering the goals and purposes of this
Act.
(h) Program Support.--The Commission may receive program support
from the nonprofit sector.

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(a) Donations.--The Commission may accept donations of personal
services and historic materials relating to the implementation of its
responsibilities under the provisions of this Act.
(b) Volunteer Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines necessary.
(c) Remaining Funds.--Any funds (including funds received from
licensing royalties) remaining with the Commission on the date of the
termination of the Commission may be used to ensure proper disposition,
as specified in the final report required under section 10(b), of
historically significant property which was donated to or acquired by
the Commission. Any funds remaining after such disposition shall be
transferred to the Secretary of the Treasury for deposit into the
general fund of the Treasury of the United States.

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(a) In General.--The Commission may devise any logo, emblem, seal,
or descriptive or designating mark that is required to carry out its
duties or that it determines is appropriate for use in connection with
the commemoration of the centennial of powered flight.
(b) Licensing.--The Commission shall have the sole and exclusive
right to use, or to allow or refuse the use of, the name ``Centennial
of Flight Commission'' on any logo, emblem, seal, or descriptive or
designating mark that the Commission lawfully adopts.
(c) Effect on Other Rights.--No provision of this section may be
construed to conflict or interfere with established or vested rights.
(d) Use of Funds.--Funds from licensing royalties received pursuant
to this section shall be used by the Commission to carry out the duties
of the Commission specified by this Act.
(e) Licensing Rights.--All exclusive licensing rights, unless
otherwise specified, shall revert to the Air and Space Museum of the
Smithsonian Institution upon termination of the Commission.

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(a) Annual Report.--In each fiscal year in which the Commission is
in existence, the Commission shall prepare and submit to Congress a
report describing the activities of the Commission during the fiscal
year. Each annual report shall also include--
(1) recommendations regarding appropriate activities to
commemorate the centennial of powered flight, including--
(A) the production, publication, and distribution of books,
pamphlets, films, and other educational materials;
(B) bibliographical and documentary projects and
publications;
(C) conferences, convocations, lectures, seminars, and
other similar programs;
(D) the development of exhibits for libraries, museums, and
other appropriate institutions;
(E) ceremonies and celebrations commemorating specific
events that relate to the history of aviation;
(F) programs focusing on the history of aviation and its
benefits to the United States and humankind; and
(G) competitions, commissions, and awards regarding
historical, scholarly, artistic, literary, musical, and other
works, programs, and projects related to the centennial of
powered flight;
(2) recommendations to appropriate agencies or advisory bodies
regarding the issuance of commemorative coins, medals, and stamps
by the United States relating to aviation or the centennial of
powered flight;
(3) recommendations for any legislation or administrative
action that the Commission determines to be appropriate regarding
the commemoration of the centennial of powered flight;
(4) an accounting of funds received and expended by the
Commission in the fiscal year that the report concerns, including a
detailed description of the source and amount of any funds donated
to the Commission in the fiscal year; and
(5) an accounting of any cooperative agreements and contract
agreements entered into by the Commission.
(b) Final Report.--Not later than June 30, 2004, the Commission
shall submit to the President and Congress a final report. The final
report shall contain--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by the
Commission;
(3) any findings and conclusions of the Commission; and
(4) specific recommendations concerning the final disposition
of any historically significant items acquired by the Commission,
including items donated to the Commission under section 8(a)(1).

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(a) In General.--
(1) Audit.--The Comptroller General of the United States shall
audit on an annual basis the financial transactions of the
Commission, including financial transactions involving donated
funds, in accordance with generally accepted auditing standards.
(2) Access.--In conducting an audit under this section, the
Comptroller General--
(A) shall have access to all books, accounts, financial
records, reports, files, and other papers, items, or property
in use by the Commission, as necessary to facilitate the audit;
and
(B) shall be afforded full facilities for verifying the
financial transactions of the Commission, including access to
any financial records or securities held for the Commission by
depositories, fiscal agents, or custodians.
(b) Final Report.--Not later than September 30, 2004, the
Comptroller General of the United States shall submit to the President
and to Congress a report detailing the results of any audit of the
financial transactions of the Commission conducted by the Comptroller
General.

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(a) Establishment.--There is established a First Flight Centennial
Federal Advisory Board.
(b) Number and Appointment.--
(1) In general.--The Board shall be composed of 19 members as
follows:
(A) The Secretary of the Interior, or the designee of the
Secretary.
(B) The Librarian of Congress, or the designee of the
Librarian.
(C) The Secretary of the Air Force, or the designee of the
Secretary.
(D) The Secretary of the Navy, or the designee of the
Secretary.
(E) The Secretary of Transportation, or the designee of the
Secretary.
(F) Six citizens of the United States, appointed by the
President, who--
(i) are not officers or employees of any government
(except membership on the Board shall not be construed to
apply to the limitation under this clause); and
(ii) shall be selected based on their experience in the
fields of aerospace history, science, or education, or
their ability to represent the entities enumerated under
section 5(a)(2).
(G) Four citizens of the United States, appointed by the
majority leader of the Senate in consultation with the minority
leader of the Senate.
(H) Four citizens of the United States, appointed by the
Speaker of the House of Representatives in consultation with
the minority leader of the House of Representatives. Of the
individuals appointed under this subparagraph--
(i) one shall be selected from among individuals
recommended by the representative whose district
encompasses the Wright Brothers National Memorial; and
(ii) one shall be selected from among individuals
recommended by the representatives whose districts
encompass any part of the Dayton Aviation Heritage National
Historical Park.
(c) Vacancies.--Any vacancy in the Advisory Board shall be filled
in the same manner in which the original designation was made.
(d) Meetings.--Seven members of the Advisory Board shall constitute
a quorum for a meeting. All meetings shall be open to the public.
(e) Chairperson.--The President shall designate 1 member appointed
under subsection (b)(1)(F) as chairperson of the Advisory Board.
(f) Mails.--The Advisory Board may use the United States mails in
the same manner and under the same conditions as a Federal agency.
(g) Duties.--The Advisory Board shall advise the Commission on
matters related to this Act.
(h) Prohibition of Compensation Other Than Travel Expenses.--
Members of the Advisory Board shall not receive pay, but may receive
travel expenses pursuant to the policy adopted by the Commission under
section 4(e).
(i) Termination.--The Advisory Board shall terminate upon the
termination of the Commission.

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For purposes of this Act:
(1) The term ``Advisory Board'' means the Centennial of Flight
Federal Advisory Board.
(2) The term ``centennial of powered flight'' means the
anniversary year, from December 2002 to December 2003,
commemorating the 100-year history of aviation beginning with the
First Flight and highlighting the achievements of the Wright
brothers in developing the technologies which have led to the
development of aviation as it is known today.
(3) The term ``Commission'' means the Centennial of Flight
Commission.
(4) The term ``designee'' means a person from the respective
entity of each entity represented on the Commission or Advisory
Board.
(5) The term ``First Flight'' means the first four successful
manned, free, controlled, and sustained flights by a power-driven,
heavier-than-air machine, which were accomplished by Orville and
Wilbur Wright of Dayton, Ohio on December 17, 1903 at Kitty Hawk,
North Carolina.

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The Commission shall terminate not later than 60 days after the
submission of the final report required by section 10(b) and shall
transfer all documents and material to the National Archives or other
appropriate Federal entity.

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There is authorized to be appropriated to carry out this Act
$250,000 for fiscal year 1999, $600,000 for fiscal year 2000, $750,000
for fiscal year 2001, $900,000 for fiscal year 2002, $900,000 for
fiscal year 2003, and $600,000 for fiscal year 2004.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Centennial of Flight Commemoration Act — S. 1397

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